Legal notice
MC Performance
Terms and Conditions of Sale, Off-Road Use Notice, Liability Waiver, and Emissions Compliance Disclosure
Effective Date: April 16th, 2026
These Terms and Conditions (“Agreement”) govern the purchase, possession, installation, and use of all products, tuning devices, software, calibrations, delete kits, emissions-related components, and services sold or provided by MC Performance (“Company”).
ACCEPTANCE OF TERMS
BY PURCHASING, ORDERING, POSSESSING, INSTALLING, ACCESSING, OR USING ANY PRODUCT OR SERVICE PROVIDED BY MC PERFORMANCE, THE CUSTOMER AUTOMATICALLY ACKNOWLEDGES, ACCEPTS, AND AGREES TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
No signature is required for acceptance.
If the customer does not agree to these terms, the customer must not purchase, install, access, or use any product or service from MC Performance.
1. OFF-ROAD / COMPETITION USE ONLY
ALL PRODUCTS, SOFTWARE, TUNES, DELETE KITS, EMISSIONS-RELATED COMPONENTS, AND PERFORMANCE MODIFICATIONS SOLD OR PROVIDED BY MC PERFORMANCE ARE INTENDED STRICTLY FOR:
- CLOSED-COURSE COMPETITION,
- RACING APPLICATIONS,
- OFF-ROAD USE,
- AGRICULTURAL USE,
- OR OTHER NON-PUBLIC ROAD PURPOSES ONLY.
These products are NOT intended for use on public roads, highways, or streets where federal, state, county, or local emissions laws apply.
Customer acknowledges that the installation or use of these products on emissions-controlled vehicles operated on public roads may violate applicable laws and regulations, including but not limited to regulations enforced by:
- The United States Environmental Protection Agency (EPA),
- California Air Resources Board (CARB),
- State environmental agencies,
- Department of Transportation (DOT),
- And other regulatory authorities.
2. CUSTOMER RESPONSIBILITY
Customer accepts full responsibility for:
- Determining the legality of any product or modification in their jurisdiction;
- Compliance with all federal, state, and local laws and regulations;
- Proper installation and use of all products;
- Any inspections, failed emissions tests, fines, citations, impoundments, penalties, or legal consequences related to use of the products.
MC Performance does not guarantee that any product complies with emissions laws in any jurisdiction.
The customer is solely responsible for ensuring legal compliance if the vehicle is operated on public roads.
3. ASSUMPTION OF RISK
Performance modifications may increase stress on vehicle components including but not limited to the engine, transmission, drivetrain, turbocharger, fuel system, suspension, emissions system, and electronics.
By purchasing or using products from MC Performance, customer knowingly and voluntarily assumes all risks associated with aftermarket performance modifications, including but not limited to:
- Engine failure,
- Transmission failure,
- Turbocharger failure,
- Mechanical breakdown,
- Reduced component lifespan,
- Vehicle damage,
- Property damage,
- Personal injury,
- Death.
Customer acknowledges that aftermarket tuning and deleted emissions systems may alter manufacturer safety parameters and operating conditions.
4. DISCLAIMER OF WARRANTIES
ALL PRODUCTS, SOFTWARE, TUNES, CALIBRATIONS, AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
MC Performance expressly disclaims all warranties including but not limited to:
- Merchantability,
- Fitness for a particular purpose,
- Emissions compliance,
- Compatibility,
- Reliability,
- Performance guarantees,
- Suitability for street use.
No oral or written statement by MC Performance shall create any warranty unless explicitly provided in a signed written agreement.
5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MC PERFORMANCE SHALL NOT BE LIABLE FOR ANY:
- DIRECT DAMAGES,
- INDIRECT DAMAGES,
- INCIDENTAL DAMAGES,
- CONSEQUENTIAL DAMAGES,
- LOSS OF PROFITS,
- LOSS OF VEHICLE USE,
- TOWING EXPENSES,
- REPAIR COSTS,
- ENGINE OR TRANSMISSION DAMAGE,
- REGULATORY FINES OR PENALTIES,
- ATTORNEY FEES,
- PERSONAL INJURY,
- DEATH,
- OR ANY OTHER LOSS OR DAMAGE ARISING FROM:
- Purchase or use of products;
- Installation of products;
- Improper installation;
- Racing activities;
- Mechanical failure;
- Emissions violations;
- Misuse or abuse of products.
Use of all products is entirely at the customer’s own risk.
In all circumstances, MC Performance’s total maximum liability shall not exceed the original purchase price of the applicable product or service.
6. INSTALLATION ACKNOWLEDGMENT
Customer acknowledges that improper installation or use of aftermarket products may result in severe vehicle damage or unsafe operating conditions.
Professional installation is recommended.
MC Performance is not responsible for installation errors performed by customers or third parties.
7. NO STREET USE REPRESENTATION
MC Performance does not encourage, authorize, or condone unlawful tampering with emissions systems on vehicles operated on public roads.
Customer acknowledges that all products sold by MC Performance are marketed and sold for off-road and competition purposes only.
Any use contrary to applicable laws is solely the responsibility of the customer.
8. INDEMNIFICATION
Customer agrees to defend, indemnify, and hold harmless MC Performance, its owners, employees, contractors, affiliates, agents, and representatives from and against any and all claims, demands, liabilities, damages, penalties, fines, lawsuits, losses, costs, and expenses, including attorney fees, arising out of or related to:
- Product installation,
- Product use,
- Vehicle operation,
- Emissions violations,
- Racing activities,
- Property damage,
- Personal injury,
- Death,
- Or violations of any law or regulation.
9. NO REFUNDS POLICY
Due to the nature of digital tuning files, custom calibrations, electronic devices, and specialty performance products:
- ALL SALES ARE FINAL.
- NO REFUNDS, RETURNS, OR CHARGEBACKS SHALL BE PERMITTED ONCE PRODUCTS HAVE BEEN SHIPPED, DELIVERED, DOWNLOADED, ACCESSED, INSTALLED, OR USED.
Any exception shall be solely at the discretion of MC Performance.
10. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of Texas, without regard to conflict-of-law principles.
Any legal action or dispute arising from this Agreement shall be brought exclusively in a court of competent jurisdiction located within the State of Texas.
11. SEVERABILITY
If any portion of this Agreement is found invalid or unenforceable, the remaining provisions shall remain fully enforceable and in effect.
12. ENTIRE AGREEMENT
This Agreement constitutes the complete and exclusive agreement between MC Performance and the customer regarding all products and services sold or provided.
No verbal statement or prior communication shall modify these terms.
MC Performance reserves the right to modify these terms at any time without prior notice. Updated terms become effective upon publication by MC Performance.
NOTICE TO CUSTOMER
BY PURCHASING, INSTALLING, ACCESSING, OR USING PRODUCTS OR SERVICES FROM MC PERFORMANCE, CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.